New gTLD ProgramCommunity Priority Evaluation ReportReport Date: 17 March 2014Application ID:Applied-for String:Applicant Name:1-1888-47714MLSThe Canadian Real Estate Association (CREA)Overall Community Priority Evaluation SummaryCommunity Priority Evaluation ResultDid Not PrevailThank you for your participation in the New gTLD Program. After careful consideration and extensivereview of the information provided in your application, including documents of support, the CommunityPriority Evaluation panel determined that the application did not meet the requirements specified in theApplicant Guidebook. Your application did not prevail in Community Priority Evaluation.
Your application may still resolve string contention through the other methods as described in Module 4 ofthe Applicant Guidebook.
Panel SummaryOverall Scoring11 Point(s)Criteria#1: Community Establishment#2: Nexus between Proposed String and Community#3: Registration Policies#4: Community EndorsementTotalEarned403411Achievable444
416Minimum Required Total Score to Pass 14Criterion #1: Community Establishment1-A Delineation4/4 Point(s)2/2 Point(s)The Community Priority Evaluation panel determined that the community as identified in the applicationmet the criterion for Delineation as specified in section 4.2.3 (Community Priority Evaluation Criteria) of theApplicant Guidebook, as the community is clearly delineated, organized and pre-existing. The applicationreceived the maximum score of 2 points under criterion 1-A: Delineation.
DelineationTwo conditions must be met to fulfill the requirements for delineation: there must be a clear straightforwardmembership definition and there must be awareness and recognition of a community (as defined by theapplicant) among its members.

Page	  1	  	  The community defined in the application (“MLS”) is:The community will be CREA membership, as defined in its By-laws, Rules, Regulations, whichincludes its Boards, REALTORS®, and Foreign Affiliates. All members of CREA must adhere tothe standards set out in its Bylaws, Rules, and Regulations, a copy of which is attached to thisanswer. The existence of CREA dates back to 1943 when eleven real estate boards collaborated toform a national association. Its membership has steadily grown since then and now totals more than100,000 REALTOR® members in Canada as well as Canadian member Boards and Foreign AffiliateMembers outside of Canada.
This community definition shows a clear and straightforward membership. The community is clearlydelineated, owing to the clear and straightforward membership definition, which requires CREAmembership.
In addition, the community as defined in the application has awareness and recognition among its members.
This is because the community is defined in terms of CREA membership.
The Community Priority Evaluation panel determined that the community as defined in the applicationsatisfies both the conditions to fulfill the requirements for Delineation.
OrganizationTwo conditions need to be met to fulfill the requirements for organization: there must be at least one entitymainly dedicated to the community and there must be documented evidence of community activities.
The community as defined in the application has at least one entity mainly dedicated to the community,which is the applicant, CREA. According to the application,CREA is a national trade association that represents its members at the federal level of governmentand acts as a watchdog on national legislation that pertains to the real estate industry. It also ownsor controls the REALTOR® and MLS® trademarks in Canada and licenses those marks to itsmembers. Boards operate MLS® Systems in association with the MLS® trademark that CREAlicenses the Boards to use. REALTOR® members provide consumers with MLS® services usingthe MLS® Systems operated by Boards. CREA is the national body in organized real estate thatbrings its members together to address emerging issues, such as the future of the real estate industryin an increasingly technological world.
The community as defined in the application has documented evidence of community activities. This isconfirmed by detailed information on CREA’s website (please also refer to the quote from the applicationdocumentation above).
The Community Priority Evaluation panel determined that the community as defined in the applicationsatisfies both the conditions to fulfill the requirements for Organization.
Pre-existenceTo fulfill the requirements for pre-existence, the community must have been active prior to September 2007(when the new gTLD policy recommendations were completed).
The community as defined in the application was active prior to September 2007. According to theapplication:The existence of CREA dates back to 1943 when eleven real estate boards collaborated to form anational association.
The Community Priority Evaluation panel determined that the community as defined in the applicationPage	  2	  	  fulfills the requirements for Pre-existence.
1-B Extension2/2 Point(s)The Community Priority Evaluation panel determined that the community as identified in the applicationmet the criterion for Extension specified in section 4.2.3 (Community Priority Evaluation Criteria) of theApplicant Guidebook, as the application demonstrates considerable size and longevity for the community.
The application received a maximum score of 2 points under criterion 1-B: Extension.
SizeTwo conditions must be met to fulfill the requirements for size: the community must be of considerable sizeand must display an awareness and recognition of a community among its members.
The community as defined in the application is of a considerable size. The community for .MLS as defined inthe application is large in terms of the number of members. According to the applicant, membership “nowtotals more than 100,000 REALTOR® members in Canada as well as Canadian member Boards and ForeignAffiliate Members outside of Canada”.
In addition, the community as defined in the application has awareness and recognition among its membersbecause the community is defined in terms of CREA membership.
The Community Priority Evaluation panel determined that the community as defined in the applicationsatisfies both the conditions to fulfill the requirements for Size.
LongevityTwo conditions must be met to fulfill the requirements for longevity: the community must demonstratelongevity and must display an awareness and recognition of a community among its members.
The community as defined in the application demonstrates longevity. The pursuits of the .MLS communityare of a lasting, non-transient nature.
In addition, the community as defined in the application has awareness and recognition among its membersbecause the community is defined in terms of CREA membership.
The Community Priority Evaluation panel determined that the community as defined in the applicationsatisfies both the conditions to fulfill the requirements for Longevity.

Criterion #2: Nexus between Proposed String and Community2-A Nexus0/4 Point(s)0/3 Point(s)The Community Priority Evaluation panel determined that the application did not meet the criterion forNexus as specified in section 4.2.3 (Community Priority Evaluation Criteria) of the Applicant Guidebook.
The string does not identify or match the name of the community, nor is it a well-known short-form orabbreviation of the community. The application received a score of 0 out of 3 points under criterion 2-A:Nexus.
To receive the maximum score for Nexus, the applied-for string must match the name of the community orbe a well-known short-form or abbreviation of the community name. To receive a partial score for Nexus,the applied-for string must identify the community. “Identify” means that the applied-for string shouldclosely describe the community or the community members, without over-reaching substantially beyond thecommunity.
The applied-for string (.MLS) does not match or identify the name of the community, nor is it a well-knownPage	  3	  	  abbreviation of the community name. According to the applicant,CREA is the owner of the MLS® trademarks in Canada and it licenses the use of this mark to itsmembers…. The MLS® marks have been used since at least 1954 to describe the standard ofservice provided by members of organized real estate…. As only members of CREA are licensed touse the MLS® marks, they are unique to CREA’s community. The MLS® Marks identifyprofessional services rendered by members in good standing of CREA to affect the purchase andsale of real estate as part of a “plural system arrangement”, also known as a co-operative sellingsystem (the “MLS® Services”)… The connection to the community is that CREA is the overarchingbody that maintains rules and regulations and provides services to benefit all of its members, inparticular relating to the operation of MLS® Systems, and CREA’s members are the members of thecommunity.
Although CREA owns the trademarks for MLS in Canada and these trademarks have been used by CREA inCanada since 1954, MLS services and the MLS name is also used globally by those who are not members ofCREA. In addition, there is substantial over-reach between the proposed string and the definition of thecommunity as described in Criterion 1-A. According to the applicant,By only allowing members of CREA to register and use the .MLS TLD in Canada and the UnitedStates, it is hoped that such use will reinforce to consumers that the MLS® marks representcooperative services provided by members of organized real estate.
The Community Priority Evaluation panel determined that the applied-for string does not match or identifythe name of the community as defined in the application, nor is it a well-known short-form or abbreviationof the community. It therefore does not meet the requirements for Nexus.
2-B Uniqueness0/1 Point(s)The Community Priority Evaluation panel determined that the application did not meet the criterion forUniqueness as specified in section 4.2.3 (Community Priority Evaluation Criteria) of the ApplicantGuidebook as the string has other significant meaning beyond identifying the community described in theapplication. The application received a score of 0 out of 1 point under criterion 2-B: Uniqueness.
To fulfill the requirements for Uniqueness, the string must have no other significant meaning beyondidentifying the community described in the application. The string as defined in the application does notdemonstrate uniqueness as the string does not score a 2 or a 3 on Nexus and is therefore ineligible for ascore of 1 for Uniqueness. In addition, as Major League Soccer is also closely associated with the acronym,MLS, the string has other significant meaning beyond identifying the community described in the application.
The Community Priority Evaluation panel determined that the applied-for string does not satisfy thecondition to fulfill the requirements for Uniqueness.

Criterion #3: Registration Policies3-A Eligibility3/4 Point(s)1/1 Point(s)The Community Priority Evaluation panel determined that the application met the criterion for Eligibility asspecified in section 4.2.3 (Community Priority Evaluation Criteria) of the Applicant Guidebook as eligibilityis restricted to community members. The application received a maximum score of 1 point under criterion 3A: Eligibility.
To fulfill the requirements for Eligibility, the registration policies must restrict the eligibility of prospectiveregistrants to community members. The application demonstrates adherence to this requirement by requiringregistrants to be members of CREA and its foreign affiliates, although there is a possibility that the pool ofpotential registrants will be expanded to include broker and sales members who belong to CREA.

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	  (Comprehensive details are provided in Section 20e of the applicant documentation). The CommunityPriority Evaluation panel determined that the application satisfies the condition to fulfill the requirements forEligibility.
3-B Name Selection1/1 Point(s)The Community Priority Evaluation panel determined that the application met the criterion for NameSelection as specified in section 4.2.3 (Community Priority Evaluation Criteria) of the Applicant Guidebookas name selection rules are consistent with the articulated community-based purpose of the applied-for TLD.
The application received a maximum score of 1 point under criterion 3-B: Name Selection.
To fulfill the requirements for Name Selection, the registration policies for name selection for registrantsmust be consistent with the articulated community-based purpose of the applied-for gTLD. The applicationdemonstrates adherence to this requirement by specifying that the associated boards use their corporatename or an acronym, while foreign affiliates will also have to include geographical modifiers in their secondlevel domains, etc. (Comprehensive details are provided in Section 20e of the applicant documentation). TheCommunity Priority Evaluation panel determined that the application satisfies the condition to fulfill therequirements for Name Selection.
3-C Content and Use1/1 Point(s)The Community Priority Evaluation panel determined that the application met the criterion for Content andUse as specified in section 4.2.3 (Community Priority Evaluation Criteria) of the Applicant Guidebook as therules for content and use are consistent with the articulated community-based purpose of the applied-forTLD. The application received a maximum score of 1 point under criterion 3-C: Content and Use.
To fulfill the requirements for Content and Use, the registration policies must include rules for content anduse for registrants that are consistent with the articulated community-based purpose of the applied-forgTLD. The application demonstrates adherence to this requirement by specifying that the second-leveldomain names can only provide content that is consistent with the mandate of the gTLD, with prohibitionson the inclusion of illegal or unethical content, etc. (Comprehensive details are provided in Section 20e of theapplicant documentation). The Community Priority Evaluation panel determined that the application satisfiesthe condition to fulfill the requirements for Content and Use.
3-D Enforcement0/1 Point(s)The Community Priority Evaluation panel determined that the application did not meet the criterion forEnforcement as specified in section 4.2.3 (Community Priority Evaluation Criteria) of the ApplicantGuidebook as the application provided specific enforcement measures but did not include appropriate appealmechanisms. The application received a score of 0 out of 1 point under criterion 3-D: Enforcement.
Two conditions must be met to fulfill the requirements for Enforcement: the registration policies mustinclude specific enforcement measures constituting a coherent set, and there must be appropriate appealsmechanisms. The applicant outlined policies that include specific enforcement measures constituting acoherent set. The applicant outlines the measures it will take to investigate misuse of its trademarks, alongwith mitigation measures, such as investigation and termination of the domain name. (Comprehensive detailsare provided in Section 20e of the applicant documentation). However, the application did not outline anappeals process. The Community Priority Evaluation panel determined that the application satisfies only oneof the two conditions to fulfill the requirements for Enforcement.

Criterion #4: Community Endorsement4-A Support4/4 Point(s)2/2 Point(s)Page	
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	  The Community Priority Evaluation panel determined that the application fully met the criterion for Supportspecified in section 4.2.3 (Community Priority Evaluation Criteria) of the Applicant Guidebook as theapplicant is the recognized community institution. The application received a maximum score of 2 pointsunder criterion 4-A: Support.
To receive the maximum score for Support, the applicant is, or has documented support from, therecognized community institution(s)/member organization(s), or has otherwise documented authority torepresent the community. To receive a partial score for Support, the applicant must have documentedsupport from at least one group with relevance.
The Community Priority Evaluation panel determined that the applicant is the recognized communityinstitution/member organization. The applicant also possesses document support from its memberorganizations, and this documentation contained a description of the process and rationale used in arriving atthe expression of support. The Community Priority Evaluation Panel determined that the applicant fullysatisfies the requirements for Support.
4-B Opposition2/2 Point(s)The Community Priority Evaluation panel determined that the application met the criterion for Oppositionspecified in section 4.2.3 (Community Priority Evaluation Criteria) of the Applicant Guidebook, as theapplication did not receive any relevant opposition. The application received the maximum score of 2 pointsunder criterion 4-B: Opposition.
To receive the maximum score for Opposition, the application must not have received any opposition ofrelevance. To receive a partial score for Opposition, the application must have received opposition from, atmost, one group of non-negligible size.
The application received letters of opposition, which were determined to not be relevant, as they were eitherfrom groups/individuals of negligible size, or were not from communities which were not mentioned in theapplication but which have an association to the applied for string. The Community Priority Evaluation Paneldetermined that the applicant satisfies the requirements for Opposition.	  
Disclaimer: Please note that these Community Priority Evaluation results do not necessarily determine thefinal result of the application. In limited cases the results might be subject to change. These results do notconstitute a waiver or amendment of any provision of the Applicant Guidebook or the Registry Agreement.
For updated application status and complete details on the program, please refer to the Applicant Guidebookand the ICANN New gTLDs microsite at <newgtlds.icann.org>.

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